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Anne Mugisha

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Lawyer, Author, Activist

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Ankole Customary Justice vs Uganda Constitution: President Museveni left us shaking our heads when he shared his belief that Ankole cultural norms of justice (Okuhoora and Okukaraba) are superior to those established under the Uganda constitution. He shared how justice was administered during the Bush war to win hearts in Buganda: By ignoring neo-colonial courts and conducting summary executions after speedy trials by the High Command. He presented the presumption of innocence as a colonial concept that allows somebody that commits an offence to deny it; adding that this is very provocative to ‘we’ the indigenous people and it represents impunity. And suddenly we understood all the theatre in Baguma’s court. The President also gave us insight into machinations that side-step the constitution and institutions established under it. He highlighted how the high command ignored Janet Mukwaya’s ruling and Jim Muhwezi’s pleadings to summarily execute Zabuloni; today he is impatient with courts which do not speedily try Besigye and hand him over for execution. He illustrated how he has successfully built parallel institutions to ensure that his goals are achieved! Rather than train and rehabilitate the UPDF to fight corruption and advance his goals, he simply directed his son to handpick individuals to form a parallel Force that would do his bidding just like the basossodoti military officer of the bush days. But that is not the only institution he has undermined. When the legislature would not pass the laws he wanted, he managed that institution by appointing an electoral commission filled with cadres that would give him the legislators he needed to establish a rubber stamp Parliament. If the judiciary would not bend to his will, then he appointed cadre judges who would rule in his favor. The small problem he still has with the judicial system is not a lack of cadre judges but rather the limitations that the constitution creates in their methods of work. For example it gives his enemies a right to bail and a fair hearing! He tried to dodge these in the case of Kizza Besigye by using the court martial as an alternative but this short cut was thwarted by neo-colonial courts. But he has now fixed that by turning to Parliament to change the law to ensure that in future civilians cannot escape his court martial. But in the meantime he must find a way to deal with Besigye under the neo-colonial system where accused people still have rights! If it were up to him he would abrogate the constitution and revert to the indigenous laws of Ankole to summarily try and execute Besigye just like he did Zabuloni. Now, our constitution has been raped and abused to among other things remove term and age limits in order to allow President Museveni to remain in power. What we are witnessing during this rape, is an attempt to completely remove individual rights and freedoms from the constitution. It is therefore the duty of every right thinking Ugandan to fight for Besigye’s freedom. We have stood watching, powerlessly as the institutions of the State were captured by the rulers. Now they are coming for individuals and one day it may be you. Think about it!

Anne Mugisha

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